SimpleKPI Terms of Service

The use of SimpleKPI Services is subject to these Terms of Service, which the Client agrees to without alteration. These Terms, along with any future updates or procedures provided or published by SimpleKPI, constitute the complete agreement governing the Client’s access to and use of the SimpleKPI Services. By utilizing SimpleKPI Services, the Client enters into a legally binding agreement with SimpleKPI.

If you are accepting these Terms on behalf of a business, organization, or other legal entity (such as your employer), you confirm and guarantee that you have the authority to bind that entity to these Terms. In such cases, references to “you,” “your,” or similar terms within this document shall apply to that entity.

IMPORTANT: If you register for SimpleKPI Services using an email address associated with your employer, organization, or a personal email used by affiliated users to a business, you will be considered an authorized representative or agent of that employer or entity.

These Terms outline the conditions for using SimpleKPI Services and encompass the following:

Terms of Service

Data Processing Policy

If you sign up for a Free Trial of the platform, the corresponding provisions within these Terms will apply to and govern your use of that Free Trial.

PLEASE READ THESE TERMS CAREFULLY. BY SIGNING UP FOR, ACCESSING, NAVIGATING, OR OTHERWISE UTILIZING SIMPLEKPI SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT REGISTER, ACCESS, OR USE SIMPLEKPI SERVICES IN ANY MANNER.

Definitions

  • “SKL” refers to SimpleKPI Ltd, the organization that owns and manages the SimpleKPI platform, accessible at www.simplekpi.com.
  • “Account” refers to the primary method of accessing and utilizing SimpleKPI Services, contingent upon payment of the designated Fee associated with the chosen Plan.
  • “Administrator” refers to a User(s) with special permissions assigned by the Client to oversee and manage the Client's Account.
  • “Client” describes any individual or legal entity that agrees to these Terms and accesses SimpleKPI Services provided by SKL.
  • “Client Data” includes any type of data or files (e.g., images, text documents, spreadsheets) uploaded to or managed within the platform by the Client, for which SKL acts as a “processor” as defined in the Privacy Notice.
  • “Content” encompasses all information and materials made available through SimpleKPI Services, including articles, visuals, documents, presentations, and multimedia, as well as comments or related content.
  • “Credentials” refers to usernames, passwords, and other login details generated or assigned to Clients and their Users for accessing SimpleKPI Services.
  • “Feature” indicates a functionality or group of functionalities within SimpleKPI Services, as specified by SKL and subject to applicable Supplemental Terms.
  • “Fee” refers to the regular charge for using SimpleKPI Services through an active Account, Also referred to as the “Subscription” or “Subscription fee”.
  • “Free Trial” is a temporary period during which parts of SimpleKPI Services or Features can be accessed under a selected Plan without incurring a Fee.
  • “SimpleKPI Materials” refers to all proprietary elements of the SimpleKPI Services, such as design, code, systems, interfaces, data organization, and related intellectual property.
  • “SimpleKPI Services” includes the website, platform, materials, content, features, and all products or services provided through the SimpleKPI platform.
  • “Plan” outlines the specific features, usage limits, and associated cost structure of a particular SimpleKPI subscription.
  • “Plan Term” defines the duration of the Client’s use of SimpleKPI Services, starting from the payment date for the selected Plan and ending upon its expiration.
  • “Platform” refers to the SimpleKPI software application designed for KPI tracking and visualization, including its integrated Features.
  • “Privacy Notice” refers to the policy document located at https://www.simplekpi.com/privacy.
  • “Renewal Date” is the scheduled date on which the Client’s subscription Plan automatically renews, whether monthly or annually, based on their selection.
  • “Reseller” designates a third party that purchases SimpleKPI Services and resells them to Clients, handling billing and providing customer support for those Clients.
  • “Sensitive Information” includes highly protected personal or financial data, such as credit card numbers, government IDs, health records, and information defined as “special categories of data” under GDPR or similar laws.
  • “Sub-processor” refers to third-party entities engaged by SimpleKPI to assist in delivering its services, as detailed in the Sub-processor list.
  • “Supplemental Terms” are additional terms applicable to specific Features or integrations, forming part of the overall Terms.
  • “Terms” collectively refers to these Terms of Service, Supplemental Terms, and the Privacy Notice.
  • “User” represents an individual or entity authorized to access and utilize a Client’s Account under the Client’s direction.
  • “Web Site” refers to all web pages and digital assets available at www.simplekpi.com, including its subdomains and identical domains under other extensions, owned by SimpleKPI.

Modifications to These Terms

SimpleKPI reserves the right to amend, revise, add to, or remove portions of these Terms at its sole discretion. Any updates or changes to the Terms may be communicated via notices posted on the Platform or through the SimpleKPI Services. By continuing to use SimpleKPI Services after such modifications are implemented, the Client agrees to and accepts the updated Terms.

1. SimpleKPI Services

1.1 Use of SimpleKPI Services

In accordance with these Terms, any applicable Supplemental Terms, and payment of the required Subscription Fee, SimpleKPI provides the Client and its authorized Users with a non-exclusive, non-transferable, and non-sublicensable license to:

  • Collect, store, and organize Client Data;
  • Modify and delete Client Data; and
  • Customize the standard Features and functionalities of the SimpleKPI Services.

1.2 Modifications to SimpleKPI Services

SimpleKPI retains the right to alter, adjust, or modify the SimpleKPI Services or any of its components at its sole discretion and without prior notice. Such modifications may include but are not limited to:

  • Rebranding, repackaging, or repricing the SimpleKPI Services, including changes to Fees, which will take effect at the next renewal of the Client’s Plan;
  • Suspending or discontinuing the development or availability of specific SimpleKPI Services, Features, or parts of the Platform, either temporarily or permanently;
  • Taking necessary actions to safeguard SimpleKPI’s intellectual property, including but not limited to actions against any misuse of the SimpleKPI Services, distribution of malicious software such as viruses, worms, Trojan horses, or other forms of malware, as well as any illegal activities.

Notifications regarding modifications may be provided through the Client’s Account login or other communication channels.

If the Client does not agree to a modification, they must notify SimpleKPI or their Reseller (if the Client purchased the Services through a Reseller) before the modification's effective date. In such cases, the Client’s Account will terminate as of the modification's effective date.

However, the Client’s continued use of the SimpleKPI Services or any of its components after the effective date of a modification constitutes acceptance of the changes. SimpleKPI is not liable to the Client or any third party for any changes, suspension, or discontinuation of the SimpleKPI Services or any part thereof.

1.3 Credentials

The Client is responsible for safeguarding the confidentiality of all Credentials associated with its Account and is solely accountable for all activities performed using those Credentials. Credentials must not be shared or used by multiple individuals. However, they may be reassigned to a new User who replaces a former User that has left the Client’s organization or transitioned to a different role and no longer requires access to the SimpleKPI Services.

SimpleKPI retains the right to revoke any User’s Credentials if it determines, at its sole discretion, that they have been used by an unauthorized third party or in an improper manner. SimpleKPI will promptly notify the Client of such actions.

The Client must notify SimpleKPI immediately in the following circumstances:

  • Any actual or suspected loss, unauthorized disclosure, or misuse of Credentials;
  • A User leaving the Client’s organization;
  • A User’s role within the organization changing; or
  • The termination of a User’s access rights for any reason.

By adhering to these responsibilities, the Client ensures secure and appropriate use of SimpleKPI Services and protects against unauthorized access or misuse.

1.4 Upgrading and Downgrading Plans

Clients can change their Plan at any time by selecting a new option from those available through SimpleKPI. The Client's saved payment method will be charged the rate for the new Plan at the next billing cycle.

  • Upgrading Plans: Any unused portion of prepaid Fees will be credited toward the upgraded Plan's Fee.
  • Downgrading Plans: Downgrading may result in reduced Features, functionality, storage capacity, and potential loss of Client Data. No refunds will be issued for prepaid Fees or price differences after a downgrade within an active Plan Term.

SimpleKPI is not liable for any loss of data, functionality, or business continuity resulting from a Client’s decision to downgrade their Plan or make any other changes to their subscription.

1.5 Administration of Accounts and User Access

The Client maintains full administrative control over who is granted access to Customer Data hosted within the SimpleKPI Services. Clients can designate a User as an Admin or billing owner and, depending on their Plan, assign one or more Administrators to manage the account.

SimpleKPI will act based on instructions and communications received from designated Administrators, Owners, or Directors when managing a Client’s Account. Depending on the roles assigned by the Client, Administrators, Owners, Managers, and Users may have permissions to access, monitor, use, and export Customer Data.

1.6 Trials and Trial Periods

Clients may be eligible for a Free Trial without the need to provide credit card details during the trial period. At the end of the Free Trial, the Account will be deactivated unless the Client selects a Plan and makes the initial payment.

To avoid deactivation or reactivate a deactivated Account, the Client must choose a Plan and pay the corresponding Fee for the first billing interval. If the required payment is not made within three weeks after the Free Trial ends, SimpleKPI reserves the right to permanently delete the Account, including all associated Client Data.

SimpleKPI may occasionally offer promotional discounts or special offers in addition to standard Plans. These promotions are at the sole discretion of SimpleKPI and may be subject to additional terms and conditions.

1.7 Third-Party Integrations

SimpleKPI Services may include Features designed to work with third-party applications, such as importing data or KPIs from external apps for visualization purposes. However, SimpleKPI does not guarantee the ongoing availability or functionality of these integrations, including those maintained by third parties.

SimpleKPI reserves the right to discontinue any such Features or integrations at any time without prior notice. Clients will not be entitled to refunds, credits, or compensation for the removal or interruption of these integrations.

1.8 Verifying Users

By signing up for a trial or subscription, the Client acknowledges and agrees that SimpleKPI may request information to verify their identity and ensure the security of the Account and its Users.

If the Client loses access to an Account or requests Account-related information, SimpleKPI reserves the right to require any verification it deems necessary before restoring access or sharing Account details.

1.9 Support

SimpleKPI is committed to providing Clients and their Users with reasonable technical support to ensure a smooth experience with the platform. Support options include:

  • Help Center and Training Academy: Accessible to all Users, regardless of role, offering resources and tutorials for using the platform effectively.
  • Chat Support: Available to Account Owners through their SimpleKPI Account for direct assistance.
  • Email Support: Technical support is available 24/7 via email. For login issues or other technical concerns, Clients can contact us at support@simplekpi.com.

SimpleKPI will make every effort to respond and resolve issues as promptly as possible. Clients are encouraged to utilize these support options for troubleshooting and assistance while maintaining responsibility for managing their own Accounts.

1.10 Account Setup and Assistance

SimpleKPI offers account setup services to new Clients to help them get started with the platform. This setup service includes initial guidance on configuring the Account, understanding system navigation, and utilizing core Features. However, it is the Client's responsibility to manage their Account and learn how to use the platform effectively.

Account setup services do not include:

  • The ongoing administration of Adding, removing, or managing Users on behalf of the Client.
  • Regularly updating or maintaining Client Data within the platform.
  • Ongoing creation, editing, or deleting of graphs, visualizations, or reports for the Client.
  • Acting as the Client’s Account User or performing administrative tasks beyond the initial setup.

While SimpleKPI’s support team is available to answer questions and provide account and technical assistance, the Client retains full responsibility for managing their Account and using the system. By engaging in the setup service, Clients acknowledge that ongoing account management and administrative duties remain their responsibility.

2. Restrictions

Clients and their Users may only use the SimpleKPI Services within the limits defined by these Terms and applicable law. The platform must be used responsibly and solely for lawful purposes.

Clients and Users are prohibited from using the SimpleKPI Services to engage in illegal activities, violate any laws, or encourage others to do so. Actions such as copying, modifying, hacking, reverse engineering, or attempting to extract the source code of SimpleKPI Services are strictly forbidden, unless explicitly permitted by law and beyond SimpleKPI's ability to restrict.

Additionally, providing false, inaccurate, or misleading information is not allowed. Clients and Users must refrain from any behavior that is defamatory, threatening, harassing, or otherwise harmful to SimpleKPI or others.

Access to and use of the SimpleKPI Services is contingent upon agreeing to and abiding by these Terms. Non-compliance may result in the suspension or termination of access to the platform.

2.1 Usage Limitations

Clients, their Users and affiliated third parties must adhere to the following restrictions regarding the use of SimpleKPI Services:

  1. Unauthorized Access and Redistribution: Clients or Users may not sell, resell, lease, license, sublicense, distribute, or grant access to SimpleKPI Services, in whole or in part, to third parties unless those third parties are authorized Users under the same Client.
  2. Intended Use: SimpleKPI Services must be used only within the scope, means, and purposes for which their functionality is intended.
  3. Compliance with Sanctions and Trade Controls: Clients and Users must comply with all applicable economic, trade, and financial sanctions and export control laws, including regulations administered by the United States, European Union, and other governing bodies. This includes ensuring that neither they nor any associated individuals or entities:
    • Appear on restricted or sanctioned lists (e.g., OFAC’s List of Specially Designated Nationals).
    • Are located in or operate from sanctioned territories (e.g., Cuba, Iran, Syria, North Korea).
    • Violate export controls or sanctions in any way.

Clients must immediately inform SimpleKPI if they, their users or their affiliates breach these regulations or become subject to sanctions. SimpleKPI reserves the right to suspend or terminate access without notice if continued use poses a potential violation of these laws or regulations.

2.1.1 Fair USage Policy

SimpleKPI offers plans that include unlimited Users, KPIs, Dashboards, and Reports. While we strive to provide these features as part of our best endeavors to support Clients, it is essential to ensure fair use of our platform to maintain system stability and performance.

If an account’s usage exceeds reasonable limits or disproportionately impacts the system due to excessive data, Users, or Dashboards, SimpleKPI reserves the right to apply a fair usage policy. In such cases, SimpleKPI may:

  • Throttle usage to prevent disruption to the system or other Clients.
  • Contact the Client to address the issue and propose solutions.
  • In extreme cases, suspend or terminate the account to protect the integrity of the platform.

2.2 Account Takedown Notices

SimpleKPI is committed to adhering to applicable laws, including the US Digital Millennium Copyright Act (DMCA). The company reserves the right to remove any Client Data from the platform upon receiving a valid takedown notice, such as judicial orders or legally compliant notifications.

3. Responsibilities of SimpleKPI

3.1 SimpleKPI agrees to:

  1. Provide the Client with access to SimpleKPI Services, Content, and Client Data as outlined in these Terms.
  2. Offer technical support for SimpleKPI Services, as described in Section 1.9, without additional cost.
  3. Strive to ensure the SimpleKPI Services are operational 24/7, except during:
    • Planned Maintenance: Advance notice will be provided electronically.
    • Unforeseen Circumstances: Events beyond SimpleKPI's control, including natural disasters, government actions, power outages, civil unrest, acts of terrorism, pandemics, labor disputes, internet outages, or cyberattacks.

While SimpleKPI endeavors to maintain consistent service availability, it is not liable for any data loss, loss of business revenue, or other damages resulting from service downtime, whether planned or unplanned.

SimpleKPI may engage Sub-processors to facilitate its services and will make reasonable efforts to ensure that any data transfers to these Sub-processors comply with relevant legal and regulatory standards.

3.2 Protection of Client Data

SimpleKPI is committed to implementing and maintaining administrative, physical, and technical measures to protect the security, confidentiality, and integrity of Client Data. These safeguards are designed to prevent unauthorized access, use, alteration, or disclosure of Client Data.

SimpleKPI will only access, use, or modify Client Data in the following circumstances:

  • To deliver the SimpleKPI Services effectively.
  • To resolve service or technical issues.
  • When required by law, in compliance with legal obligations related to compelled disclosure.

These measures reflect SimpleKPI’s dedication to ensuring the protection and proper handling of Client Data.

4. Fees and Payment Terms

Use of SimpleKPI Services beyond the Free Trial is subject to a Fee. When subscribing to the service, Clients must select a Plan, with Fees varying based on the chosen Plan. Fees are charged in advance on a monthly, quarterly, annual, or bi-annual basis.

SimpleKPI reserves the right to adjust Plan Fees at its discretion, providing at least one month’s notice before the change takes effect. Any Fee changes will apply only to the renewal of the Plan following the current Plan Term.

The Client authorizes SimpleKPI to automatically charge the applicable Fees on or after the Renewal Date unless the Plan has been canceled or terminated in accordance with these Terms. Clients who wish to reduce the number of users or cancel their Plan must do so before the Renewal Date to avoid being charged for the next Plan Term. If a Client cancels their Plan during the active Plan Term, they may continue using the service until the Term ends, but no refunds will be issued for previously charged Fees.

Non-Refundable Fees:

All Fees are non-refundable, including instances where the Client:

  • Does not use an activated Account.
  • Uses the service partially or deactivates their Account mid-term.
  • Terminates these Terms during an active billing period.
  • Experiences suspension or termination of their Account by SimpleKPI due to non-compliance.

Taxes and Duties:

Fees do not include taxes, levies, or duties unless explicitly stated. The Client is responsible for any such charges under applicable law.

Non-Payment and Account Suspension:

If the Client fails to pay outstanding Fees within 30 days of the invoice date, SimpleKPI may suspend access to the Account. The Client will have 90 days to provide an authorized payment method to reactivate the subscription. After this period, SimpleKPI reserves the right to permanently delete the Account and all associated Client Data.

4.1 Authorizing Payment Methods

SimpleKPI may perform a pre-authorization on a Client's payment card to verify its validity and ensure sufficient funds or credit are available to cover any purchase of SimpleKPI Services. By using a payment card, the Client consents to this pre-authorization and agrees to pay all Fees associated with their selected Plan as detailed on the SimpleKPI website.

The Client authorizes SimpleKPI to charge all applicable Fees to the provided payment card account. The Client is responsible for keeping their payment card information up to date and must promptly provide updated details upon request or whenever the previously provided information becomes invalid.

5. Client Data

5.1 Uploading, Entering or Integrating Data to SimpleKPI

The Client is fully responsible for their Client Data and any consequences of uploading, publishing, or sharing it through the SimpleKPI Services. All Client Data and its processing must comply with these Terms and all applicable laws.

Ownership of Client Data, including rights, title, and interest, remains with the Client or the original owner (such as Users, individuals, or organizations), whether the data is uploaded or shared via SimpleKPI Services. By uploading Client Data, the Client grants SimpleKPI permission to process it as necessary to provide the platform’s services.

The Client is responsible for ensuring that:

  1. Neither the Client nor any Users associated with the Account create, transmit, display, or make available any Client Data that violates these Terms, infringes on the rights of SimpleKPI, its other clients, users, or third parties.
  2. Client Data does not include harmful elements, such as viruses, malware, worms, or other destructive code, nor content that is offensive, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or otherwise unlawful.
  3. Both the Client and all associated Users have the legal rights and permissions to use the Client Data, including the right to upload and process it within the SimpleKPI Services.

By adhering to these responsibilities, the Client ensures the secure and lawful use of the platform while respecting the rights of all involved parties.

5.2 Responsibility for Data Accuracy and Visualization

SimpleKPI does not guarantee the accuracy of any information contained in Client Data uploaded, transmitted, or posted through the SimpleKPI Services. Clients are advised to carefully review the data they transmit, submit, or use within the platform. All information contained in Client Data is the sole responsibility of the individual or entity from which it originated. This means that the Client, not SimpleKPI, is fully accountable for all Client Data uploaded, posted, or otherwise made available through SimpleKPI Services by the Client or its Users.

It is also the Client’s responsibility to ensure that data is visualized accurately within the platform. This includes verifying that graphs, reports, and calculated KPIs correctly reflect the underlying data. SimpleKPI strives to provide accurate visualizations and calculations; however, SKL is not liable for any business loss originating from:

  • Discrepancies between transmitted data and how it is represented in graphs or visualizations.
  • Errors in calculated KPIs resulting from formulas that may not process correctly.

Clients must routinely review and validate their data against visualizations, reports, and calculations within the platform. While SimpleKPI endeavors to deliver reliable functionality, it remains the Client’s responsibility to verify and address any inaccuracies.

5.3 Sensitive and Unlawful Data

Clients must not use SimpleKPI Services to process:

  • Sensitive Information, or
  • Data that is illegal or violates these Terms.

SimpleKPI does not pre-screen or monitor Client Data but reserves the right to act if it believes the data is unlawful or Sensitive Information. Actions may include:

  • Notifying the Client.
  • Blocking or removing the data.
  • Requiring compliance with these Terms and applicable laws.
  • Restricting or deleting access to such data.

If the Client provides evidence proving the data is lawful, SimpleKPI may restore it at its discretion. It is the Client's responsibility to ensure all data complies with legal and contractual obligations.

5.3.1 Industry-Specific Regulations

SimpleKPI Services are not designed to meet the compliance requirements of industry-specific laws, such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), usage that violates the Gramm-Leach-Bliley Act (GLBA), or any similar regulations.

5.4 Use of Client Data

SimpleKPI does not use Client Data for marketing, communications, or commercial purposes, nor is it shared or sold to any third party. SimpleKPI fully respects the Client’s ownership rights over their data.

Aggregated and Anonymized Data Usage:

SimpleKPI may utilize KPI names and usage statistics in an aggregated or anonymized format for research, educational purposes, and platform optimization. This data is stripped of any identifying details and is used solely to enhance the functionality and performance of the platform or for general statistical analysis.

Data Protection:

Unless explicitly authorized by the Client in writing, SimpleKPI will not use, reproduce, adapt, modify, publish, or distribute Client Data stored within the platform for commercial, marketing, or similar purposes.

Optimization and Enhancement:

Clients expressly grant SimpleKPI the right to analyze system activity data, including anonymized usage patterns, for improving and enhancing platform operations and developing new Features and functionality. This is conducted at SimpleKPI’s sole discretion and ensures better service delivery for all users.

6. Ownership and Intellectual Property

The SimpleKPI Services, Platform, SimpleKPI Materials, trademarks, trade names, and related intellectual property are the sole property of SimpleKPI Ltd, its affiliates, or authorized third-party vendors and hosting partners. These assets are protected by copyright, patent, trademark, trade secret laws, and applicable international conventions.

Clients’ use of the SimpleKPI Services and Materials grants no ownership or intellectual property rights. Commercial use, promotion, distribution, or exploitation of SimpleKPI Materials is prohibited without prior written consent from SimpleKPI or the respective rights holder.

Clients may not use SimpleKPI trademarks or trade names in ways that disparage the company, its services, or its products, or that misrepresent SimpleKPI in any negative or false light.

All rights to the SimpleKPI Services, Platform, Materials, trademarks, and trade names not explicitly granted under these Terms remain reserved by SimpleKPI.

6.1 Feedback and Suggestions

Clients and Users are encouraged to provide feedback or suggestions to help improve SimpleKPI Services. By submitting any feedback, the Client or User automatically grants SimpleKPI the right to use it at its discretion, including incorporating suggested changes into the platform.

Clients and Users hereby provide SimpleKPI with a perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, reproduce, distribute, adapt, create derivative works, publicly display, and exploit such feedback for any purpose.

7. Disclaimers and No Warranty

Unless expressly stated otherwise, SimpleKPI Services, the platform, SimpleKPI Materials, and any content or features provided through the Services are offered "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent allowed by applicable law, SimpleKPI and its affiliates disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

SimpleKPI does not guarantee that the Services, content, or features will be uninterrupted, error-free, or free of viruses or harmful components. Additionally, SimpleKPI makes no representations regarding the accuracy, correctness, or reliability of the platform, Services, or related materials, nor the results of their use.

Certain jurisdictions may not allow the exclusion of implied warranties or limitations on damages, so these disclaimers may not apply in full. In such cases, Clients may have additional rights as provided by applicable laws.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless SimpleKPI, its affiliates, and their directors, officers, and employees against any claims, damages, losses, liabilities, or legal expenses resulting from:

  • Improper use of SimpleKPI Services or Materials.
  • False or misleading representations made to SimpleKPI, its affiliates, or third parties.
  • Violations of these Terms or the rights of others.
  • Breach of any warranties, representations, or obligations outlined in these Terms.

SimpleKPI reserves the right to assume exclusive control of any defense related to claims covered under this indemnification, at its own expense. The Client agrees to provide full cooperation in resolving such matters.

9. Limitation of Liability

9.1 Disclaimer of Liability

SimpleKPI will not be held liable to the Client or its Users for any consequences arising from:

  • Changes to these Terms or modifications to SimpleKPI Services, Materials, or Account usage, including errors, interruptions, suspensions, or discontinuations.
  • Loss, deletion, or corruption of Client Data.
  • Misuse of Client Data by the Client or its Users.
  • Upgrading or downgrading a subscription Plan.
  • Unauthorized access due to failure to protect login credentials.
  • Use of unsupported browsers to access SimpleKPI Services.
  • Remedies applied by SimpleKPI due to the Client’s legal violations or Terms breaches.
  • Functional limitations when accessing certain Features or elements on incompatible devices or platforms.
  • Errors in data visualization, including inaccuracies in dashboards, reports, analytics, or exports, and miscalculations in formulas. The Client is solely responsible for verifying the accuracy of visualized data and ensuring its correctness.

SimpleKPI is also not liable for claims against the Client by any third party arising from the Client’s failure to:

  • Provide accurate information about Users or the Account.
  • Notify SimpleKPI if a User lacks authority to act on behalf of the Client.
  • Provide promised services to third parties.
  • Ensure the legality of Client Data or obtain rights for its use.
  • Adhere to the restrictions outlined in these Terms.

9.2 Limitation of Liability

The total liability of SimpleKPI and its affiliates for claims arising under these Terms will not exceed the total Fees paid by the Client for the specific services that gave rise to the claim in one month prior to the first incident. This limitation applies regardless of the nature of the claim, including negligence, contract, tort, or misrepresentation. However, it does not affect the Client’s obligation to pay Fees.

9.3 Exclusion of Consequential Damages

Except for the Client’s indemnification obligations under Section 8, neither party nor their affiliates will be liable for indirect or consequential damages. This includes lost profits, revenue, goodwill, business interruption, or punitive damages, even if advised of their possibility or if remedies fail in their intended purpose. These limitations apply except where prohibited by law.

10. Termination

10.1 Termination by the Client

Clients may terminate their subscription at any time by canceling via the billing section of their SimpleKPI account. Upon cancellation, the Client may continue to use the SimpleKPI Services until the end of their current subscription term. No pro-rata refunds will be provided for unused time. Clients may renew their subscription during this period, with payment processed on the next scheduled renewal date.

10.2 Termination by SimpleKPI

SimpleKPI reserves the right to terminate access to its Services for reasons including:

  • Violation of these Terms.
  • Illegal or harmful use of the platform.
  • Non-payment of Fees or failure to maintain a valid payment method.

10.3 Effect of Termination

Upon termination for any reason:

  • The Client must stop using the SimpleKPI Services.
  • Any unpaid Fees must be settled by the Client.
  • SimpleKPI will deactivate the Client’s Account and permanently delete all associated Client Data within six months, unless the Client requests earlier deletion, in which case the request will be fulfilled within one month.

10.4 Suspension

SimpleKPI may suspend access to the platform or specific accounts without notice in cases of:

  • Suspected violations of these Terms.
  • Legal requirements or compliance obligations.
  • Excessive bandwidth usage that affects platform performance.

Suspensions are tailored to preserve the integrity and security of the platform. SimpleKPI, at its discretion, may determine if credits or refunds apply for suspended accounts.

11. Governing Law

All disputes arising from or related to these Terms shall be governed by and construed under the laws of England, without regard to conflict of law principles.

Clients agree that any legal action or proceedings will be subject to the exclusive jurisdiction of the courts of England. SimpleKPI does not authorize the use of its Services in jurisdictions that do not uphold the provisions of these Terms.

SimpleKPI Ltd is registered in England, company number 6191007 and VAT number GB910174854. Located at 86-90 Paul Street, London, EC2A 4NE.

12. General

12.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the extent permissible, and the remaining provisions will remain fully effective.

12.2 Entire Agreement

These Terms represent the complete agreement between the Client and SimpleKPI regarding the use of its Services, superseding all prior agreements or communications. Changes to these Terms must be in writing and signed by both parties to be valid.

12.3 Notices

Notices regarding these Terms must be in writing and are effective upon:

  • Personal delivery.
  • Two business days after mailing.
  • The day of sending by email, except for termination or indemnity-related notices, which must be clearly labeled as “Legal Notices.”

Billing notices will be sent to the Client’s designated billing contact, and other communications will be directed to the system administrator specified by the Client.

12.4 No Waiver

Failure to enforce any provision of these Terms will not be considered a waiver of future rights or enforcement of that provision or any other provision.

12.5 Assignment

The Client may not assign or transfer these Terms or delegate its rights and obligations without SimpleKPI’s prior written consent. SimpleKPI may transfer or assign these Terms freely without restriction.

12.6 Independent Parties

The Client and SimpleKPI are independent contractors. These Terms do not establish any agency, partnership, joint venture, fiduciary duty, or other legal relationship. They are not intended to benefit any third party.

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